TERMS AND CONDITIONS

Dear Customer

The Villa Escape is a bespoke holiday specialist to different parts of the world and destinations which have maintained their original charm. The Company has its registered office at The VILLA Escape., 4th Floor, S.H. Ram Building, Plot no.20-A, Road no. 18-A,next to Beacon high School, Khar (West). Mumbai 400052, India.

Before using our services you are requested to please ensure that you read carefully and understand the terms and conditions prior to booking. You are advised to check the web site for the latest version of the terms and conditions prior to booking your vacation .The Terms and Conditions are listed below for your reference:

1. TERMS OF USE:

This page sets forth the terms and conditions under which The Villa Escape provides the information on this website, as well as the terms and conditions governing your use of this site. The use of services provided by The Villa Escape constitutes a contractual arrangement between you and The Villa Escape, and represents your acceptance of The Villa Escape terms and conditions set out herein.

2. REGISTRATION OBLIGATIONS AND RESPONSIBILITIES:

In consideration of your use of the services provided by The Villa Escape, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, The Villa Escape has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, The Villa Escape has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof) without any prior intimation to you.

If you log in to this site, you are responsible for maintaining the confidentiality of your account information and your password/s. It would be your responsibility to ensure that you sign out of your account at the end of every session .You agrees to accept responsibility for all activities that occur under your account or password. You represent that you are of age prescribed by law to be eligible to enter into contract, and use this to create binding reciprocal legal obligations, and are capable, ready and willing to discharge any liability you may incur as a result of the use of this site.

3. PARTICIPATION:

You are requested to check-in with The Villa Escape tour operator fifteen (15) minutes prior to the specified departure time. The tour operator will not be liable for any service that leaves or arrives later than its specified time, even if as a result you miss a connecting service. The tour operator will use its best efforts to ensure that departure and arrival times are met. Travel Documents (including tickets indicating payment made) must be produced at the tour operators request.

You are responsible for looking after your personal belongings whilst travelling. The tour operator shall not be held responsible for any personal belongings left behind on any trip irrespective of the circumstances. If you lose your Pass(es), or if it is stolen, you must inform the tour operator immediately. You will not be permitted to travel without a valid Pass(es). The tour operator will replace lost or stolen Pass(es) at a cost of Euro 50 each. A replacement pass will carry the same validity as the original ticket at the time of loss.

Travelers who are less than 18 years old on the departure date must be accompanied by an adult and must share the adult's accommodations. For security reasons, many countries have adopted practices to prevent international abductions of children. If a child will be traveling with adults other than the parents or with only one parent, it is recommended that a notarized letter be written by the parents or non-traveling parent granting authorization to travel, including the dates of travel.

You must report any physical disability requiring special attention to The Villa Escape at the time the reservation is made. The Villa Escape will make reasonable attempts to accommodate the special needs of disabled travelers, but is not responsible in the event it is unable to do so nor is it responsible for any denial of services by carriers, hotels, restaurants, or other independent suppliers. Smoking is not allowed on transportation that is exclusively provided by The Villa Escape whilst on a tour in any part of the world. You agree to maintain all applicable smoking regulations in public places either in India or overseas during a Villa Escape trip.

You agree to comply with the authority and decisions of the appointed tour manager or representative and abide by the laws of the country in which you are travelling. There may be times when the tour manager or representative have to make a decision in your best interests or the best interests of the group. For the benefit of all participants The Villa Escape reserves the right to discontinue the participation of any traveler whose conduct is deemed incompatible with the interests of the other participants. In such events, you will be responsible for your own repatriation and related costs and have no claims against us. Baggage is restricted to one reasonable sized suitcase (maximum weight 20KG), and one small carry-on bag per passenger.

4. PHOTOGRAPHS AND PICTURES:

Photographs or picture appearing on our website and brochers are used to display the excitement and experience of participants on the Villa Escapetours and holidays. While on a tour our tour managers or representatives may take photographs and films of participants of the tour. These photographs and pictures may be used in group brochures and/or advertising or publicity material of the Villa Escape.You expressly waive the condition of obtaining your prior consent and / or asking for payment/ renumeration in respect of such photographs and/or films.

5. TRAVEL DOCUMENTS:

You are responsible for verifying the dates mentioned on the travel documents and for obtaining and payment of all visas and entry documents prior to travel, and for meeting all health and other requirements and any documents required by laws, regulations, orders, and/or requirements of the countries to be visited. All passengers traveling internationally are required to have a valid passport. You will also be required to produce your passport at the time of your travel. Photo identification is required for all trips. Most countries require that the passport be valid for at least six (6) months beyond the conclusion of your trip. It is recommended you have a minimum of three blank pages in your passport when traveling as many countries require blank pages. Multiple-entry visas are required for some vacations.

6. SERVICES:

The service statements on this website are for general description purposes only. The information contained in this website should not be viewed as an offer to sell or as a solicitation to purchase any of our services. Furthermore, not all services are available in every state or country

Kindly note that the carriers and accommodations including but not limited to trains, cruises, ferries, hotels, and restaurants providing the services in the area of the holiday, itinerary that are available for booking are not run, supervised, or controlled in any way by the Villa Escape. These services are provided by local operators or other third parties that are entirely independent of The Villa Escape which has no control and has no right of control over the operations of these independent contractors.

Such services do not form any part of the services of The Villa Escapeor of these Terms and Conditions, even where The Villa Escape suggests particular operators/other third parties and/or assists you in booking such activities. Your contract for such services will be with the organiser or operator of that activity and will be subject to its Terms and Conditions, which may contain exclusions or limitations of liability. The Villa Escape has no liability for any such activity or for any act(s) or omission(s) of the organizer or operator or for any of its employees or agents or any other person(s) connected with the activity or service.

Any special meal requirements will be made on a request basis only. The Villa Escapecannot guarantee special meal requests nor will it assume any responsibility or liability if clients special meal requirements are not fulfilled.

7. ITINERARY CHANGES:

(i) The Villa Escape reserves the right (at its sole discretion) to alter, change, curtail or cancel an itinerary, a trip, or a holiday.

(ii) If as a consequence of "Force Majeure" (Acts of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, destruction or damage to holiday accommodation, craft or vehicle to be used in connection with a holiday, riots, acts of civil war, civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service connected with a holiday, or any other reason beyond the control of The Villa Escape), The Villa Escape is obliged to curtail, alter, extend or cancel a holiday, the Client shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of the said curtailment, alteration, extension or cancellation of the holiday.

(iii) The Villa Escape has a specified minimum number of bookings required for a programme of holidays and The Villa Escape has obligation to provide that programme shall be contingent upon The Villa Escape receiving and maintaining that minimum number of bookings. In the event that The Villa Escape does not receive the minimum number of bookings or having received such minimum number has that number reduced by reason of cancellations or transfers by Clients or otherwise, The Villa Escape shall be entitled to cancel or curtail the relevant programme at any time up to 4 weeks prior to the departure date and the Client shall not be entitled to make a claim for loss arising as a consequence of cancellation or curtailment in these circumstances. The Villa Escape shall notify the Client within seven (7) days of any cancellation or curtailment necessitated by the foregoing circumstances.

(iv) If prior to the departure date there is a cancellation, alteration, change or curtailment relating to a holiday which results in more than 18 hours change in the time of departure, or a change in resort or type of accommodation offered, or some other change which significantly alters the holiday, The Villa Escape shall, if practicable, offer an alternative comparable holiday of at least similar standard or shall refund the Client all monies paid. Unless within four days of issue of the offer of an alternative holiday, it is declined by the Client in writing, The Villa Escape shall assume that the Client has accepted such offer. Where the offer is declined the Client shall only be entitled to return part of payment made. You acknowledge and expressly agree that, in any event, the liability of The Villa Escape. shall be limited to the monies paid.

(v) During local or national holidays or special events, on Sundays, and religious occassions, certain facilities such as museums, churches, restaurants, sightseeing tours, and shopping may be limited or not available. Alternatives will be offered whenever possible.

8. BOOKING CHARGES, CANCELLATIONS AND REFUND :

All vacation prices are based on rates (including foreign exchange rates) known at the time of printing and expected to be in effect at the time of departure. Prices are subject to increase without notice if such rates change prior to departure. The current price will be confirmed at the time of reservation Tickets and other documents won't be forwarded until full payment has been received by us.

(i) BOOKINGS: To confirm your reservation, either a deposit of Indian Rupees Fifteen Thousand (INR 15,000) per person per tour must be made or the full amount must be made if the booking is done within 45 days of departure. Once the booking has been confirmed in writing by The Villa Escape the deposit is accepted as a first installment of the holiday price by The Villa Escape.

Please note that the trips costs mentioned on our website for each trip is valid for the first two departures only. The cost may vary for later departures.

(ii) CHARGES: The holiday must be paid for in full at within forty five (45) days of departure from your home country or if the Contract is made later than 45 days before the scheduled date of departure from your home country, it must be paid for in full at time of booking. In case you are making the payment through the demand draft or cheque the same needs to be drawn in the name of The Villa Escape.

(iii) REVISION FEES: If after your booking has been confirmed, you wish to change to an alternate departure date or you wish to change to a different holiday, you may do so subject to availability of bookings and itinerary of new holidays available on The Villa Escape brochures and updated on the website. A fee of Indian Rupees Five Thousand (INR 5000) per person will be charged for any revision or alteration made to a reservation after the booking is confirmed, unless the change increases the value of the booking. A change of tour date, tour itinerary or resort booking within forty five (45) days of departure will be treated as a cancellation and normal cancellation fees will apply except when the change is to an earlier departure date of equivalent or greater value, in which case Indian Rupees Five Thousand (INR 5000) per person amendment fee will be charged.

(iv) CANCELLATION FOR NON-PAYMENT: If the holiday is not paid for by the due date, The Villa Escape shall have the right to cancel the holiday. If the Villa Escape, at the request of the Client, agrees to delay cancellation of the holiday and, if the Villa Escape subsequently cancels for non-payment, the cancellation charges set out below shall apply and be payable by the Client.

(v) CANCELLATION BY THE CLIENT: Any cancellation of the holiday must be notified by the Client in writing to the Villa Escape. If the Client cancels the holiday, the following cancellation charges are payable:

PERIOD OF NOTICE AND CANCELLATION FEE: (i) More than 45 days notice: Deposit is forfeited (ii) 45-22 days: 50% of tour fare (iii) 21-1 days: 100% of tour fare.

The Villa Escapereserves the right to cancel the booking and apply cancellation charges if payments are not received within the above specified periods. All cancellation charges apply to each person covered by a booking. Any insurance premium paid is not refundable.

(VI ) REFUND: The Villa Escape reserves the right to determine the amount of refund value in case of cancellation and amendments. The refund will be made in the name of the client. In case you have booked through a travel agent or a franchisee we will make the refund in the passenger's name. It will take at least forty five (45) days to process refunds for all services. There will be no refund for unutilized services unless specified.

9. INSURANCE:

It is mandatory to have a comprehensive insurance policy cover for cancellation, medical expenses, personal accident, personal baggage, money and public liability before registering for The Villa Escapeholiday. The Villa Escape reserves the right to accept bookings for trips/ holidays if you do not have an adequate insurance policy. This should be arranged at the time of payment of the deposit and will, in certain circumstances, cover you against loss of deposit or cancellation fees from the date of confirmation of your booking, as shown in the insurance policy. You expressly agree to indemnify the Villa Escape against all third-party claims, actions, damages and remedies which may be brought against us in respect of your participation in the holiday.

10. PROPRIETARY RIGHTS:

You acknowledge and agree that the service provided by the Villa Escape and the content on this website is protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. Third parties whose content appear on this website own the copyright in the content original to them. The look and feel of the website, including colour combinations, button shapes, and other graphical elements, are trademarks and copyright of The Villa Escape.The Villa Escaperetains all, ownership rights to the content. You may not alter or remove any copyright notice or proprietary legend contained in the content or on this website. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or other intellectual property right of the Villa Escape or any third party, except for the limited right of use license expressly set forth herein. The Villa Escape marks are trademarks of The Villa Escape and its licensors ("Villa Escape Marks"). Without The Villa Escape prior permission, you agree not to display or use in any manner, the Villa Marks.

11. NO WARRANTY:
This information is provided to you "as is," and you agree to use it at your own risk. The Villa Escape make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, or that the data or server will be uninterrupted or error-free.

12. DISCLAIMER OF WARRANTY:

YOU AGREE THAT USE OF THE VILLA ESCAPESITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE VILLA ESCAPE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. The Villa Escape has the right at any time to change, modify, add to or discontinue any service of the Villa Escape. The Villa Escape has no obligation to provide you with notice of any such changes.

13. DISCLAIMER OF LIABILITY

(a) The Villa Escape shall not be liable for any damage caused to the Client by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of the Villa Escape. or retailer acting on the the Villa Escape. behalf nor to that of another supplier of services because of the following reasons:

(i) the failures which occur in the performance of the contract are attributable to the Client

(ii) such failures are attributable to a third party unconnected with the provision of the services contracted for and are unforeseeable or unavoidable or

(iii) such failures are due to:

(a) Force Majeure; or

(b) an event which the the Villa Escape, the Retailer acting on his behalf or the supplier of services, even with all due care, could not foresee or forestall.

(iv) Liability for loss, delay or damage to baggage is limited to the sum fixed by the Warsaw Convention 1929 (including as amended by the Hague Protocol 1995 and by any of the additional Montreal Protocol of 1975) or such other international conventions or any amendments thereto.

14. DISCLAIMER OF LIABILITY:

UNDER NO CIRCUMSTANCES SHALL THE VILLA ESCAPE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE VILLA ESCAPE. SITE OR THE VILLA ESCAPE, SERVICE OR ANY LINKS ON THE VILLA ESCAPE., SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH VILLA ESCAPE., SITE OR THE SERVICE.THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

15. EXCLUSIONS AND LIMITATIONS:

You acknowledge that the disclaimers and exclusions of liability set forth above represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, and shall be enforceable to the fullest extent permitted by applicable law.

16. PRIVACY POLICY:

The Villa Escape is committed to protecting your privacy and information. The information that we use is for the purpose of fulfilling our contract as a tour operator/holiday provider. We may from time to time, make your information available to companies within our group, a list of which can be provided on request. Information the Villa Escape holds about the Client and his/her travel arrangements will not be disclosed unless required by Law.

17. GOVERNING LAW:

The above terms and conditions shall be governed by the laws of the Republic of India without giving effect to its conflict of laws provisions, which is explicitly excluded. You agree to submit to the personal jurisdiction of the courts at Mumbai for any and all disputes, claims and actions arising against the Villa Escape.

18. TERMINATION:

The Villa Escape reserves the right, in its sole discretion, to terminate the provision of any of the services at any time for any reason, including but not limited to any improper use of this site or your failure to comply with these terms and conditions.

19. COMPLAINTS , SUGGESTIONS & COMMENTS:

Whilst on the tour, if you have any complaints in respect of the tour, you are requested to inform the operator's representative. In case the complaint cannot be resolved whilst on the tour by our tour representative you are requested to submit your complain in writing to the Customer Service Manager, The Villa Escape,4th Floor, S.H. Ram Building, Plot no.20-A, Road no. 18-A,next to Beacon high School, Khar (West). Mumbai 400052, India within twenty eight (28 )days from the date of the incident. This will enable the Villa Escape to make a timely investigation. The Villa Escape will not consider complaints received after the twenty eight (28) day period mentioned above. If you have any questions or suggestions please feel free to email us at sales@thevillaescape.com.